White collar crimes are problematic. I once saw a case where someone was convicted for selling prescription sleeping pills. It shouldn't be illegal to sell under the counter pills, I thought, but otherwise it was hard to fault the prosecution. The accused was caught trying to sell the pills to an undercover officer, fled from the police, and apprehended with a wide variety of illegal substances on his person. There was little doubt that he was at least guilty of the conduct of which he was accused.

White collar crimes are murkier. There is, for example, nothing illegal about getting the upper hand in a transaction. But it can be illegal based on little more than what the seller knew or was thinking at the time of the sale. Even things like false claims to the government often turn on little more than the characterization of certain transactions. A great deal of the white collar prosecutions I've seen have left me unsettled--the evidence was murky or subject to different characterizations, and the "wrong" often turned on the unknowable--the accused's knowledge or intent.